The limits of the judge's intervention in the content of the contract

Authors

  • بلال نايلي Author
  • علي فتاك Author

Keywords:

contract, power of judge, exploitation, acquiescence, emergency circumstances

Abstract

 The contract is the law of the contractors is considered one of the important principles in devoting the freedom of the parties to conclude the contracts they want without registration or condition, but some parties can take advantage of the other party or impose unfair conditions that are not commensurate with the opposite commitment as a result of their lack of experience and the superiority of the opposite party. Circumstances outside the will of the contractors can be impossible to implement the contract or exhaustion of one of the parties. In this case, the legislator authorized the judge to intervene with the rejected commitment to the reasonable limit, taking into account the interest of both parties, whether it is a debtor or debtor, all these measures in order to restore the balance of the contract and Maintaining legal centers

Published

2023-06-03